Friscioni & Friscioni (Application for transcript)

In the case of Friscioni & Friscioni, the father, an appellant in a family law matter, applied to the Family Court of Australia for an order that the Regional Appeals Registrar prepare the appeal book and for the Court to provide at its cost the transcript of the trial. The father argued that he was unable to prepare the appeal book due to financial constraints, lack of expertise, and the difficulties associated with his residence in a remote location. He also requested the transcript on the grounds of his impecuniosity.

The court was required to determine whether the father had established the existence of 'exceptional circumstances' that would justify the Registrar preparing the appeal book and whether it was appropriate to order the Court to provide the transcript at its cost. The father argued that the exceptional circumstances criterion was met due to his financial situation and the difficulties he faced in preparing the appeal materials. However, the court noted that the father could obtain a sound recording of the proceedings at a minimal cost, which would allow him to isolate the necessary parts of the transcript.

The court found that the father had not established the existence of exceptional circumstances. The court also found that the father could obtain the necessary parts of the transcript at a minimal cost, and therefore, the application for the Court to provide the transcript at its cost was also refused. No order was made as to costs.

The court dismissed the father's application in a case filed on 19 March 2009. The father's application for the Regional Appeals Registrar to prepare the appeal book and for the Court to provide the transcript at its cost was refused.